Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
12 South Dakota opinions name it 1 courts 1987–2019 0 in the last five years
The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Maryland v. Shatzergreen2 sentences2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . 2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . | 2 | 2 |
United States v. William Henry Taylor A/K/A Baldy Briley A/K/A William Briley Taylorgreen2 sentences1994U.S. v. Taylor, 882 F.2d 1018, 1031 (6th Cir.1989). 1991See also, U.S. v. Taylor, 882 F.2d 1018, 1031 (6th Cir.1989) (records of defendant's prior convictions specifying that he made a knowing and voluntary waiver of his “constitutional rights” before entering his pleas were sufficient to shift to defendant the burden of proving his prior convictions were not constitutionally sound). | 2 | 2 |
Gallegos v. Coloradogreen2 sentences2014See Gallegos v. Colorado, 370 U.S. 49, 54 , 82 S. Ct. 1209, 1213 , 8 L. 2014See Gallegos v. Colorado, 370 U.S. 49, 54 , 82 S. Ct. 1209, 1213 , 8 L. | 1 | 1 |
Carnley v. Cochrangreen2 sentences2003“Although no particular litany of questions may be required, there must be a sufficient colloquy to satisfy the trial court’s responsibilities; a knowing and voluntary waiver cannot be inferred from a silent record.” Id.; see Camley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962). [¶ 19.] It is clear from the record that Talarico was well versed in the nature of the proceedings and his rights. 2003“Although no particular litany of questions may be required, there must be a sufficient colloquy to satisfy the trial court’s responsibilities; a knowing and voluntary waiver cannot be inferred from a silent record.” Id.; see Camley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884 , 8 L.Ed.2d 70 (1962). [¶ 19.] It is clear from the record that Talarico was well versed in the nature of the proceedings and his rights. | 1 | 1 |
Adams v. United States Ex Rel. McCanngreen2 sentences1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sick le, 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 287 , 100 N.W.2d at 122-23 . 1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sick le, 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 287 , 100 N.W.2d at 122-23 . | 1 | 1 |
State v. Van Sicklegreen2 sentences1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sick le, 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 287 , 100 N.W.2d at 122-23 . 1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sickle, *185 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 237 , 100 N.W.2d at 122-23 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis v. United States
green
2 sentences2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . 2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . | 4 | 2002–2019 |
Berghuis v. Thompkins
green
2 sentences2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . 2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . | 2 | 2019–2019 |
State v. Blackburn
green
2 sentences2019However, “after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney.” Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis, 512 U.S. at 461 , 114 S. Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer, 559 U.S. 98, 110 , 130 S. Ct. 1213, 1223 , 175 L. 2019However, "after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney." Id. ¶ 11, 766 N.W.2d at 182 (quoting Davis , 512 U.S. at 461 , 114 S.Ct. at 2350 ) (emphasis added); see also Maryland v. Shatzer , 559 U.S. 98 , 110, 130 S.Ct. 1213 , 1223, 175 L.Ed.2d 1045 (2010) ; Berghuis , 560 U.S. at 386 , 130 S.Ct. at 2263 . | 2 | 2019–2019 |
Rosen v. Weber
green
2 sentences2015Id. [¶ 11.] In Bilben, the defendant collaterally attacked a prior conviction for driving under the influence because the sentencing court did not canvass Bilben regarding his waiver of his three Boykin rights. 2014 S.D. 24 , ¶ 13, 846 N.W.2d at 339 . 2015Id. [¶11.] In Bilben, the defendant collaterally attacked a prior conviction for driving under the influence because the sentencing court did not canvass Bilben regarding his waiver of his three Boykin rights. 2014 S.D. 24 , ¶ 13, 846 N.W.2d at 339 . | 2 | 2015–2015 |
State v. Bilben
green
2 sentences2015Id. [¶ 11.] In Bilben, the defendant collaterally attacked a prior conviction for driving under the influence because the sentencing court did not canvass Bilben regarding his waiver of his three Boykin rights. 2014 S.D. 24 , ¶ 13, 846 N.W.2d at 339 . 2015Id. [¶11.] In Bilben, the defendant collaterally attacked a prior conviction for driving under the influence because the sentencing court did not canvass Bilben regarding his waiver of his three Boykin rights. 2014 S.D. 24 , ¶ 13, 846 N.W.2d at 339 . | 2 | 2015–2015 |
Crosby v. United States
green
2 sentences2003The Court stated, “Whether or not the right constitutionally may be waived in other circumstances — and we express no opinion here on that subject — the defendant’s initial presence serves to assure that any waiver is indeed knowing.” Id. at 261 , 113 S.Ct. 748 . [¶ 16.] Talarico maintains he was escorted from the courtroom before the trial began and was, therefore, not present at the commencement of trial which is required for a valid waiver under the statute. 2003The Court stated, “Whether or not the right constitutionally may be waived in other circumstances — and we express no opinion here on that subject — the defendant’s initial presence serves to assure that any waiver is indeed knowing.” Id. at 261 , 113 S.Ct. 748 . [¶ 16.] Talarico maintains he was escorted from the courtroom before the trial began and was, therefore, not present at the commencement of trial which is required for a valid waiver under the statute. | 1 | 2003–2003 |
State v. Thomlinson
green
2 sentences1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sick le, 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 287 , 100 N.W.2d at 122-23 . 1996McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942)); see also Van Sick le, 411 N.W.2d at 666 ; Thomlinson, 78 S.D. at 287 , 100 N.W.2d at 122-23 . | 1 | 1996–1996 |
Faretta v. California
green
2 sentences1996In addition, for there to be a knowing and voluntary waiver, a trial court should advise a defendant of the “dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , 45 L.Ed.2d at 582 (quoting Adams v. United States ex rel. 1996In addition, for there to be a knowing and voluntary waiver, a trial court should advise a defendant of the “dangers and disadvantages of self-representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , 45 L.Ed.2d at 582 (quoting Adams v. United States ex rel. | 1 | 1996–1996 |
United States v. Henry
green
2 sentences1987Id., 447 U.S. at 273 , 100 S.Ct. at 2188 , 65 L.Ed.2d at 124 . 1987Id., 447 U.S. at 273 , 100 S.Ct. at 2188 , 65 L.Ed.2d at 124 . | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.